المملكة العربية السعودية T +966 11 434 9955هـ P.O. Box 6898 ص.ب

F +966 11 434 9988 Kingdom of Saudi Arabiaف Riyadh 11187الرياض

GAZT.GOV.SA

CONVENTION BETWEEN THE GOVERNMENT OF THE KINGDOM OF

SAUDI ARABIA AND THE GOVERNMENT OF THE ISLAMIC REPUBLIC OF

PAKISTAN FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE

PREVENTION OF TAX EVASION WITH RESPECT TO TAXES ON INCOME

PREAMBLE

The Government of the Kingdom of Saudi Arabia and the Government of the Islamic

Republic of Pakistan desiring to conclude a Convention for the Avoidance of Double

Taxation and the Prevention of Tax Evasion with Respect to Taxes on Income to promote

and strengthen the economic relations between the two countries,

Have agreed as follows:

CHAPTER I SCOPE OF THE CONVENTION

Article 1

PERSONS COVERED

This Convention shall apply to persons who are residents of one or both of the Contracting

States.

Article 2

TAXES COVERED

1. This Convention shall apply to taxes on income imposed on behalf of a Contracting

State or of its political subdivisions or local authorities, irrespective of the manner in

which they are levied.

2. There shall be regarded as taxes on income all taxes imposed on total income, or on

elements of income including taxes on gains from the alienation of movable or

immovable property, taxes on the total amounts of wages or salaries paid by

enterprises.

3. The existing taxes to which the Convention shall apply are in particular:

a. in case of Saudi Arabia):

i. The Zakat;

ii. The Income Tax including the natural gas investment tax.

(hereinafter referred to as "the Saudi tax") and

b. in case of Pakistan the income tax;

(hereinafter referred to as "Pakistan tax") and

4. The Convention shall apply also to any identical or substantially similar taxes which

are imposed after the date of signature of the Convention in addition to, or in place

of, the existing taxes. The competent authorities of the Contracting States shall notify

each other of significant changes made to their tax law.

CHAPTER II

DEFINITIONS

Article 3

GENERAL DEFINITIONS

1. For the purposes of this Convention, unless the context otherwise requires:

a. The term "a Contracting State and the other Contracting State" means the

Kingdom of Saudi Arabia or Islamic Republic of Pakistan as the context

requires;

b. The term "Kingdom of Saudi Arabia" means the territory of the Kingdom of

Saudi Arabia which also includes the area outside the territorial waters, where

the Kingdom of Saudi Arabia exercises its sovereign and jurisdictional rights in

its waters, seabed, subsoil and natural resources by virtue of its law and

international law;

c. The term "Pakistan" when used in a geographical sense means Pakistan as

defined in the constitution of the Islamic Republic of Pakistan and includes

any area outside the territorial waters of Pakistan which under the laws of

Pakistan and international law is an area within which Pakistan exercises

sovereign rights and exclusive jurisdiction with respect to the natural

resources of the seabed and subsoil and superjacent waters;

d. The term "company" means any body corporate or any entity that is treated as

a body corporate for tax purposes;

e. The term "competent authority" means:

i. In case of the Islamic Republic of Pakistan, the Central Board of

Revenue or its authorized representative; and

ii. In case of the Kingdom of Saudi Arabia, the Ministry of Finance

represented by the Minister of Finance or his authorized

representative;

f. The terms "enterprise of a Contracting State" and "enterprise of the other

Contracting State" mean respectively an enterprise carried on by a resident of

a Contracting State and an enterprise carried on by a resident of the other

Contracting State;

g. The term "international traffic" means any transport by a ship or aircraft

operated by an enterprise which has its place of effective management in a

Contracting State, except when the ship or aircraft is operated solely between

places in the other Contracting State;

h. The term "national" means:

i. Any individual possessing the nationality of a Contracting State;

ii. Any legal person, partnership or association deriving its status as such

from the laws in force in a Contracting State.

i. The term "person" includes any individual, any company or any other body of

persons, including the State, its political subdivisions or local authorities,

estates, trusts and foundation.

2. As regards the application of the Convention at any time by a Contracting State, any

term not defined therein shall, unless the context otherwise requires, have the

meaning that it has at that time under the law of that State for the purposes of the

taxes to which the Convention applies, any meaning under the applicable tax laws of

that State prevailing over a meaning given to the term under other laws of that State.

Article 4

RESIDENT

1. For the purposes of this Convention, the term "resident of a Contracting State"

means:

a. Any person who, under the laws of that State, is liable to tax in that State, by

reason of his domicile, residence, place of management or any other criterion

of a similar nature;

b. The Government of any of the two Contracting States or any of its legal

institutions, agencies or its local authorities;

c. A legal person organized under the laws of a Contracting State and that is

generally exempt from tax in that State and is established and maintained in

that State either:

i. Exclusively for a religious, charitable, educational, scientific or other

similar purpose; or

ii. To provide pensions or other similar benefits to employees pursuant to

plan.

d. Where by reason of the provisions of paragraph 1 of this Article, an individual

is considered to be a resident of both Contracting States, then his status shall

be determined as follows:

a. He shall be deemed to be a resident only of the State in which he has a

permanent home available to him; if he has a permanent home

available to him in both States, he shall be deemed to be a resident

only of the Contracting State in which his personal and economic

relations are closer (centre of vital interests);

b. If the State in which he has his centre of vital interests cannot be

determined, or if he has not a permanent home available to him in

either State, he shall be deemed to be a resident only of the State in

which he has an habitual abode;

c. If he has an habitual abode in both States or in neither of them, he

shall be deemed to be a resident only of the State of which he is a

national;

d. If he is a national of both States or of neither of them, the competent

authorities of the Contracting States shall settle the question by mutual

agreement.

2. Where by reason of the provisions of paragraph 1 a person other than an individual is

a resident of both Contracting States, then it shall be deemed to be a resident only of

the State in which its place of effective management is situated.

Article 5

PERMANENT ESTABLISHMENT

1. For the purposes of this Convention, the term "permanent establishment" means a

fixed place of business through which the business of an enterprise is wholly or partly

carried on.

2. The term "permanent establishment" includes especially:

a. A place of management;

b. A branch;

c. An office;

d. A factory;

e. A workshop;

f. A mine, a gas well, a quarry or any other place of extraction of

natural resources.

3. The term "permanent establishment" also includes:

a. A building site, a construction, assembly or installation project, or supervisory

activities, in connection therewith, but only if such site, project or activities last

more than six months;

b. The furnishing of services, including consultancy services, by an enterprise

through employees or other personnel engaged by the enterprise for such

purpose, but only where activities of that nature continue (for the same or a

connected project) within the country for a period or periods aggregating

more than six months within any 12 months period.

4. Notwithstanding the preceding provisions of this Article, the term "permanent

establishment" shall be deemed not to include:

a. The use of facilities solely for the purpose of storage or display of goods or

merchandise belonging to the enterprise;

b. The maintenance of a stock of goods or merchandise belonging to the

enterprise solely for the purpose of storage or display;

c. The maintenance of a stock of goods or merchandise belonging to the

enterprise solely for the purpose of processing by another enterprise;

d. The maintenance of a fixed place of business solely for the purpose of

purchasing goods or merchandise or of collecting information, for the

enterprise;

e. The maintenance of a fixed place of business solely for the purpose of

carrying on, for the enterprise, any other activity of a preparatory or auxiliary

character.

5. Notwithstanding the provisions of paragraphs 1 and 2, where a person - other than

an agent of an independent status to whom paragraph 6 applies - is acting in a

Contracting State on behalf of an enterprise of the other Contracting State, that

enterprise shall be deemed to have a permanent establishment in the first-

mentioned Contracting State in respect of any activities which that person

undertakes for the enterprise, if such a person:

a. Has and habitually exercises in that State an authority to conclude contracts in

the name of the enterprise, unless the activities of such person are limited to

those mentioned in paragraph 4 which, if exercised through a fixed place of

business, would not make this fixed place of business a permanent

establishment under the provisions of that paragraph; or

b. Has no such authority, but habitually maintains in the first-mentioned State a

stock of goods or merchandise from which he regularly delivers goods or

merchandise on behalf of the enterprise.

6. An enterprise of a Contracting State shall not be deemed to have a permanent

establishment in the other Contracting State merely because it carries on business in

that other State through a broker, general commission agent or any other agent of an

independent status, provided that this broker or agent is acting in the ordinary

course of his business. However, when the activities of such an agent are devoted

wholly or almost wholly on behalf of that enterprise, he will not be considered an

agent of an independent status within the meaning of this paragraph.

7. An enterprise in one of the two Contracting State shall not be deemed to have a

permanent establishment in the other Contracting State merely because it carries on

at the end of a trade exhibition or conference in the other Contracting State sale of

goods or merchandise it displayed at that trade exhibition or conference.

8. The fact that a company which is a resident of a Contracting State controls or is

controlled by a company which is a resident of the other Contracting State, or which

carries on business in that other State (whether through a permanent establishment

or otherwise), shall not of itself constitute either company a permanent

establishment of the other.

CHAPTER III

TAXATION OF INCOME

Article 6

INCOME FROM IMMOVABLE PROPERTY

1. Income derived by a resident of a Contracting State from immovable property

(including income from agriculture or forestry) situated in the other Contracting State

may be taxed in that other State.

2. The term "immovable property" shall have the meaning provided for in the laws of

the Contracting State in which the property in question is situated. The term shall in

any case include property accessory to immovable property, livestock and equipment

used in agriculture and forestry, rights to which the provisions of general law

respecting landed property apply, usufruct of immovable property and rights to

variable or fixed payments as consideration for the working of, or the right to work,

mineral deposits, sources and other natural resources; ships, boats and aircraft shall

not be regarded as immovable property.

3. The provisions of paragraph 1 of this Article shall also apply to income derived from

the direct use, letting or use in any other form of immovable property.

4. The provisions of paragraphs 1 and 3 of this Article shall also apply to the income

from immovable property of an enterprise and to income from immovable property

used for the performance of independent personal services.

Article 7

BUSINESS PROFITS

1. The profits of an enterprise of a Contracting State shall be taxable only in that State

unless the enterprise carries on business in the other Contracting State through a

permanent establishment situated therein. If the enterprise carries on business as

aforesaid, the profits of the enterprise may be taxed in the other State but only so

much of them as is attributable to that permanent establishment.

2. Subject to the provisions of paragraph 4, where an enterprise of a Contracting State

carries on business in the other Contracting State through a permanent

establishment situated therein, there shall in each Contracting State be attributed to

that permanent establishment the profits which it might be expected to make if it

were a distinct and separate enterprise engaged in the same or similar activities

under the same or similar conditions and dealing wholly independently with the

enterprise of which it is a permanent establishment.

3. Notwithstanding other provisions, the business profits derived by an enterprise of the

Contracting State from the exportation of merchandise to the other Contracting State

shall not be taxed in that other Contracting State. Where export contracts include

other activities carried on in the other Contracting State, the income from such

activities may be taxed in the other Contracting State.

4. In the determination of the profits of a permanent establishment, there shall be

allowed as deductions expenses which are incurred for the purposes of the business

of the permanent establishment including those executive and general

administrative expenses so incurred, whether in the State in which the permanent

establishment is situated or elsewhere. However, no such deduction shall be allowed

in respect of amounts, if any, paid (otherwise than towards reimbursement of actual

expenses) by the permanent establishment to the head office of the enterprise or any

of its other offices, by way of royalties, fees or other similar payments in return for

the use of patents or other rights, or by way income from debt-claims with regard to

moneys lent to the permanent establishment. Likewise, no account shall be taken, in

the determination of the profits of a permanent establishment, for amounts charged

(otherwise than towards reimbursement of actual expenses), by the permanent

establishment to the head office of the enterprise or any of its other offices, by way

of royalties, fees or other similar payments in return for the use of patents or other

rights, or by way of commission for specific services performed or for management,

or, except in the case of a banking enterprise, by way of income from debt-claims

with regard to moneys lent to the head office of the enterprise or any of its other

offices.

5. The term "business profits" include income derived from manufacturing, mercantile,

banking, insurance, from the operation of inland transportation, the furnishing of

services and the rental of tangible personal movable property. Such a term does not

include the performance of personal services by an individual either as an employee

or in an independent capacity.

6. No profit shall be attributed to a permanent establishment by reason of the mere

purchase by that permanent establishment of goods or merchandise for the

enterprise.

7. The provisions of this Article shall not affect the operation of any law of a Contracting

State relating to tax imposed on profits from insurance derived by non-residents

provided that if the relevant law in force in either Contracting State is varied

(otherwise than in minor respects) the Contracting States shall consult with each

other with a view to agreeing to any amendment of this paragraph as may be

appropriate.

8. In so far as it has been customary in a Contracting State to determine the profits to

be attributed to a permanent establishment on the basis of an apportionment of the

total profits of the enterprise to its various parts, nothing in paragraph 2 shall

preclude that Contracting State from determining the profits to be taxed by such an

apportionment as may be customary; the method of apportionment adopted shall,

however, be such that the result shall be in accordance with the principles contained

in this Article.

9. For the purposes of the preceding paragraphs, the profits to be attributed to the

permanent establishment shall be determined by the same method year by year

unless there is good and sufficient reason to the contrary.

10. Where profits include items of income which are dealt with separately in other

Articles of this Convention, then the provisions of those Articles shall not be affected

by the provisions of this Article.

Article 8

SHIPPING AND AIR TRANSPORT

1. Profits from the operation of ships oraircraft in international traffic shall be taxable

only in the Contracting State in which the place of effective management of the

enterprise is situated.

2. If the place of effective management of a shipping enterprise or of an inland

waterways transport enterprise is aboard a ship or boat, then it shall be deemed to

be situated in the Contracting State in which the home harbour of the ship or boat is

situated, or if there is no such home harbour, in the Contracting State of which the

operator of the ship or boat is a resident.

3. The provisions of paragraphs 1 shall also apply to profits from the participation in a

pool, a joint business or an international operating agency.

4. Nothing contained in this Article shall affect the rights and obligations of the

Contracting States under the agreement between the Kingdom of Saudi Arabia and

the Islamic Republic of Pakistan for the avoidance of double taxation of income of air

transport enterprises signed in 10/11/1401 [H] corresponding to 18.11.1980.

Article 9

ASSOCIATED ENTERPRISES

1. Where:

a. an enterprise of a Contracting State participates directly or indirectly in the

management, control or capital of an enterprise of the other Contracting

State, or

b. the same persons participate directly or indirectly in the management, control

or capital of an enterprise of a Contracting State and an enterprise of the other

Contracting State, and in either case conditions are made or imposed

between the two enterprises in their commercial or financial relations which

differ from those which would be made between independent enterprises,

then any profits which would, but for those conditions, have accrued to one of

the enterprises, but, by reason of those conditions, have not so accrued, may

be included in the profits of that enterprise and taxed accordingly.

2. Where a Contracting State includes in the profits of an enterprise of that State - and

taxes accordingly - profits on which an enterprise of the other Contracting State has

been charged to tax in that other State and the profits so included are profits which

would have accrued to the enterprise of the first-mentioned State if the conditions

made between the two enterprises had been those which would have been made

between independent enterprises, then that other State shall make an appropriate

adjustment to the amount of the tax charged therein on those profits. In determining

such adjustment, due regard shall be had to the other provisions of the Convention

and the competent authorities of the Contracting States shall, if necessary, consult

each other.

Article 10

DIVIDENDS

1. Dividends paid by a company which is a resident of a Contracting State to a resident

of the other Contracting State may be taxed in that other State.

2. However, such dividends may also be taxed in the Contracting State of which the

company paying the dividends is a resident and according to the laws of that State,

but if the beneficial owner of the dividends is a resident of the other Contracting

State, the tax so charged shall not exceed:

a. 5 per cent of the gross amount of dividends if the beneficial owner is:

i. a company

ii. an entity wholly owned by the Government.

b. 10 per cent of the gross amount of the dividends in all other cases.

This paragraph shall not affect the taxation of the company in respect of the

profits out of which the dividends are paid.

3. The term "dividends" as used in this Article means income from shares, "jouissance"

shares or "jouissance" rights, mining shares, founders' shares or other rights, not

being debt-claims, participating in profits, as well as income from other corporate

rights which is subjected to the same taxation treatment as income from shares by

the laws of the State of which the company making the distribution is a resident.

4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the

dividends, being a resident of a Contracting State, carries on business in the other

Contracting State of which the company paying the dividends is a resident, through a

permanent establishment situated therein, or performs in that other State

independent personal services from a fixed base situated therein, and the holding in

respect of which the dividends are paid is effectively connected with such permanent

establishment or fixed base. In such case the provisions of Article 7 or Article 14, as

the case may be, shall apply.

5. Where a company which is a resident of a Contracting State derives profits or income

from the other Contracting State, that other State may not impose any tax on the

dividends paid by the company, except in so far as such dividends are paid to a

resident of that other State or in so far as the holding in respect of which the

dividends are paid is effectively connected with a permanent establishment or a fixed

base situated in that other State, nor subject the company's undistributed profits to a

tax on the company's undistributed profits, even if the dividends paid or the

undistributed profits consist wholly or partly of profits or income arising in such other

State.

Article 11

INCOME FROM DEBT - CLAIMS

1. Income from debt-claims arising in a Contracting State and paid to a resident of the

other Contracting State may be taxed in that other State.

2. However, such income from debt-claims may also be taxed in the Contracting State

in which it arises and according to the laws of that State, but if the beneficial owner

of the income from debt-claims is a resident of the other Contracting State, the tax so

charged shall not exceed 10 per cent of the gross amount of the income from debt-

claims.

3. Notwithstanding the provisions of paragraph 2, income from debt-claims arising in a

Contracting State and paid to the Government, or any entity wholly owned by the

Government or the Central Bank of the other Contracting State or under a loan

agreement approved by the Government shall be exempt from tax in the first

mentioned Contracting State.

4. The term "income from debt-claims" as used in this Article means income from debt-

claims of every kind, whether or not secured by mortgage and whether or not

carrying a right to participate in the debtor's profits, and in particular, income from

government securities and income from bonds or debentures, including premiums

and prizes attaching to such securities, bonds or debentures. Penalty charges for late

payment shall not be regarded as income from debt-claims for the purpose of this

Article.

5. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the

income from the debt-claims, being a resident of a Contracting State, carries on

business in the other Contracting State in which the income from the debt-claims

arises, through a permanent establishment situated therein, or performs in that other

State independent personal services from a fixed base situated therein, and the debt-

claim in respect of which the income from debt-claims is paid is effectively connected

with such permanent establishment or a fixed base. In such cases the provisions of

Article 7 or Article 14, as the case may be, shall apply.

6. Income from debt-claims shall be deemed to arise in a Contracting State when the

payer is that State itself, a political subdivision, a local authority or a resident of that

State. Where, however, the person paying the income from debt-claims, whether he

is a resident of a Contracting State or not, has in a Contracting State a permanent

establishment or a fixed base in connection with which the indebtedness on which

the income is paid was incurred, and such income is borne by such permanent

establishment or fixed base, then such income shall be deemed to arise in the State

in which the permanent establishment or fixed base is situated.

7. Where, by reason of a special relationship between the payer and the beneficial

owner or between both of them and some other person, the amount of the income

from the debt-claims, having regard to the debt-claims for which it is paid, exceeds

the amount which would have been agreed upon by the payer and the beneficial

owner in the absence of such relationship, the provisions of this Article shall apply

only to the last-mentioned amount. In such case, the excess part of the payments

shall remain taxable according to the laws of each Contracting State, due regard

being had to the other provisions of this Convention.

Article 12

ROYALTIES

1. Royalties arising in a Contracting State and paid to a resident of the other Contracting

State may be taxed in that other State.

2. However, such royalties may also be taxed in the Contracting State in which they

arise and according to the laws of that State, but if the beneficial owner of the

royalties is a resident of the other Contracting State, the tax so charged shall not

exceed 10 per cent of the gross amount of the royalties.

3. The term "royalties" as used in this Article means payments of any kind received as a

consideration for the use of, or the right to use, any copy right of literary, artistic or

scientific work including cinematograph films, or films or taps used for radio or

television broadcasting, any patent, trade mark, design or model, plan, secret

formula or process, or for the use of, or the right to use, industrial, commercial or

scientific equipment or for information concerning industrial, commercial or scientific

experience.

4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the

royalties being a resident of a Contracting State, carries on business in the other

Contracting State in which the royalties arise, through a permanent establishment

situated therein, or performs in that other State independent personal services from

a fixed base situated therein, and the right or property in respect of which the

royalties are paid is effectively connected with such permanent establishment or

fixed base. In such cases the provisions of Article 7 or Article 14, as the case may be,

shall apply.

5. Royalties shall be deemed to arise in a Contracting State when the payer is that State

itself, a political subdivision, a local authority or a resident of that State. Where,

however, the person paying the royalties whether he is a resident of a Contracting

State or not, has in a Contracting State a permanent establishment or a fixed base in

connection with which the liability to pay the royalties was incurred, and such

royalties are borne by such permanent establishment or fixed base, then such

royalties shall be deemed to arise in the State in which the permanent establishment

or fixed base is situated.

6. Where by reason of a special relationship between the payer and the beneficial

owner or between both of them and some other person, the amount of the royalties

having regard to the use, right or information for which they are paid, exceeds the

amount which would have been agreed upon by the payer and the beneficial owner

in the absence of such relationship, the provisions of this Article shall apply only to

the last-mentioned amount. In such case, the excess part of the payments shall

remain taxable according to the laws of each Contracting State, due regard being

had to the other provisions of this Convention.

Article 13

CAPITAL GAINS

1. Gains derived by a resident of a Contracting State from the alienation of immovable

property referred to in Article 6 and situated in the other Contracting State may be

taxed in that other State.

2. Gains from the alienation of movable property forming part of the business property

of a permanent establishment which an enterprise of a Contracting State has in the

other Contracting State or of movable property pertaining to a fixed base available to

a resident of a Contracting State in the other Contracting State for the purpose of

performing independent personal services, including such gains from the alienation

of such a permanent establishment (alone or with the whole enterprise) or of such

fixed base, may be taxed in that other State.

3. Gains from the alienation of ships or aircraft operated in international traffic, boats

engaged in inland waterways transport or movable property pertaining to the

operation of such ships, aircraft or boats, shall be taxable only in the Contracting

State in which the place of effective management of the enterprise is situated. Gains

from the alienation of shares of the capital stock of a company, the property of which

consists directly or indirectly principally of immovable property situated in a

Contracting State may be taxed in that State.

4. Gains from the alienation of shares other than those mentioned in paragraph 4

representing a participation of 25 per cent in a company which is a resident of a

Contracting State may be taxed in that State.

5. Gains from the alienation of any property other than that referred to in the preceding

paragraphs shall be taxable only in the Contracting State of which the alienator is a

resident.

Article 14

INDEPENDENT PERSONAL SERVICES

1. Income derived by a resident of a Contracting State in respect of professional services

or other activities of an independent character shall be taxable only in that State

except in the following circumstances, when such income may also be taxed in the

other Contracting State:

a. If he has a fixed base regularly available to him in the other Contracting State

for the purpose of performing his activities; in that case, only so much of the

income as is attributable to that fixed base may be taxed in that other

Contracting State; or

b. If his stay in the other Contracting State is for a period or periods amounting

to or exceeding in the aggregate 183 days in the fiscal year concerned; in that

case, only so much of the income as is derived from his activities performed in

that other State may be taxed in that other State; or

c. If the remuneration for his activities in the other Contracting State is paid by a

resident of that Contracting State or is borne by a permanent establishment

situated in that Contracting State and the aggregate gross amount (before

deduction of expenses) of the remuneration exceeds in the fiscal year 30,000

US dollars.

2. The term "professional services" includes especially independent scientific, literary,

artistic, educational or teaching activities as well as the independent activities of

physicians, lawyers, engineers, architects, dentists and accountants.

Article 15

DEPENDENT PERSONAL SERVICES

1. Subject to the provisions of Articles 16, 18 and 19, salaries, wages and other similar

remuneration derived by a resident of a Contracting State in respect of an

employment shall be taxable only in that State unless the employment is exercised in

the other Contracting State. If the employment is so exercised, such remuneration as

is derived therefrom may be taxed in that other State.

2. Notwithstanding the provisions of paragraph 1, remuneration derived by a resident of

a Contracting State in respect of an employment exercised in the other Contracting

State shall be taxable only in the first-mentioned State if:

a. The recipient is present in the other State for a period or periods not

exceeding in the aggregate 183 days in any twelve-month period commencing

or ending in the fiscal year concerned; and

b. The remuneration is paid by, or on behalf of, an employer who is not a

resident of the other State; and

c. The remuneration is not borne by a permanent establishment or a fixed base

which the employer has in the other State.

3. Notwithstanding the preceding provisions of this Article, remuneration derived in

respect of an employment exercised aboard a ship or aircraft operated in

international traffic, or aboard a boat engaged in inland waterways transport, may be

taxed in the Contracting State in which the place of effective management of the

enterprise is situated.

Article 16

DIRECTORS' FEES

Directors' fees and other similar payments derived by a resident of a Contracting State in his

capacity as a member of the board of directors of a company which is a resident of the other

Contracting State may be taxed in that other State.

Article 17

ARTISTES AND SPORTSPERSONS

1. Notwithstanding the provisions of Articles 14 and 15, income derived by a resident of

a Contracting State as an entertainer, such as a theatre, motion picture, radio or

television artiste, or a musician, or as a sportsperson, from his personal activities as

such exercised in the other Contracting State, may be taxed in that other State.

2. Where income in respect of personal activities exercised by an entertainer or a

sportsperson in his capacity as such accrues not to the entertainer or sportsperson

himself but to another person, that income may, notwithstanding the provisions of

Articles 7, 14 and 15, be taxed in the Contracting State in which the activities of the

entertainer or sportsperson are exercised.

3. Income derived by a resident of a Contracting State from activities exercised in the

other Contracting State as envisaged in paragraphs 1 and 2, shall be exempt from tax

in that other Contracting State if the visit to that other Contracting State is supported

wholly or mainly by public funds of the first-mentioned Contracting State, a political

subdivision or a local authority thereof, or takes place under a cultural agreement or

arrangement between the Government of the Contracting States.

Article 18

PENSIONS

1. Subject to the provisions of paragraph 2 of Article 19, pensions and other similar

remuneration paid to a resident of a Contracting State in consideration of past

employment shall be taxable only in that State.

2. Notwithstanding the provisions of paragraph 1, pensions paid and other payments

made under a public scheme which is part of the social security system of a

Contracting State or a political subdivision or a local authority thereof shall be taxable

only in that State.

Article 19

GOVERNMENT SERVICE

1. first:

a. Salaries, wages and other similar remuneration, other than a pension, paid by

a Contracting State or a political subdivision or a local authority thereof to an

individual in respect of services rendered to that State or subdivision or

authority shall be taxable only in that State.

b. However, such salaries, wages and other similar remuneration shall be taxable

only in the other Contracting State if the services are rendered in that other

State and the individual is a resident of that State who:

i. is a national of that State; or

ii. did not become a resident of that State solely for the purpose of

rendering the services.

2. second:

a. Any pension paid by, or out of funds created by, a Contracting State or a

political subdivision or a local authority thereof to an individual in respect of

services rendered to that State or subdivision or authority shall be taxable only

in that State.

b. However, such pension shall be taxable only in the other Contracting State if

the individual is a resident of, and a national of, that other State.

3. The provisions of Articles 15, 16, 17 and 18 shall apply to salaries, wages and other

similar remuneration, and to pensions, in respect of services rendered in connection

with a business carried on by a Contracting State or a political subdivision or a local

authority thereof.

Article 20

STUDENTS

1. Payments which a student or trainee or apprentice who is or was immediately before

visiting a Contracting State a resident of the other Contracting State and who is

present in the first-mentioned State solely for the purpose of his education or

training receives for the purpose of his maintenance, education or training shall not

be taxed in that State, for a period not exceeding 6 years, provided that such

payments arise from sources outside that State.

2. Payments received by the student, trainee or apprentice who is or was immediately

before visiting a Contracting State a resident of the other Contracting State and who

is present in the first mentioned Contracting State solely for the purpose of his

education or training and which constitute remuneration in respect of services

performed in that other Contracting State are not taxable in that other State, for a

period not exceeding 6 years, provided the services are connected with education or

training and are necessary for maintenance purposes.

Article 21

TEACHERS & RESEARCHERS

Remunerations which a teacher or researcher who is or was resident in a Contracting State

prior to being invited to or visiting the other Contracting State for the purpose of teaching or

conducting research receives in respect of such activities shall not be taxed in that

Contracting State for a period not exceeding 3 years.

Article 22

OTHER INCOME

1. Items of income of a resident of a Contracting State, wherever arising, not dealt with

in the foregoing Articles of this Convention shall be taxable only in that State.

2. The provisions of paragraph 1 shall not apply to income, other than income from

immovable property as defined in paragraph 2 of Article 6, if the recipient of such

income, being a resident of a Contracting State, carries on business in the other

Contracting State through a permanent establishment situated therein, or performs

in that other State independent personal services from a fixed base situated therein,

and the right or property in respect of which the income is paid is effectively

connected with such permanent establishment or fixed base. In such case the

provisions of Article 7 or Article 14, as the case may be, shall apply.

3. Notwithstanding the provisions of paragraphs 1 and 2, items of income of a resident

of a Contracting State not dealt with in the foregoing Articles of this Convention and

arising in the other Contracting State may also be taxed in that other State in

accordance with domestic laws.

CHAPTER IV

METHODS FOR ELIMINATION OF DOUBLE TAXATION

Article 23

ELIMINATION OF DOUBLE TAXATION

1. Where a resident of a Contracting State derives income which, in accordance with the

provisions of this Convention, may be taxed in the other Contracting State, the first-

mentioned State shall, subject to the provisions of paragraph 2, exempt such income

from tax.

2. Where a resident of a Contracting State derives items of income which, in accordance

with the provisions of Article 10 and 11, may be taxed in the other Contracting State,

the first-mentioned State shall allow as a deduction from the tax on the income of

that resident an amount equal to the tax paid in that other State. Such deduction

shall not, however, exceed that part of the tax, as computed before the deduction is

given, which is attributable to such items of income derived from that other State.

3. In the case of the Kingdom of Saudi Arabia, the methods for elimination of double

taxation will not prejudice to the provisions of the Zakat collection regime as regards

Saudi nationals.

Article 24

INVESTMENT LAWS

Income which was subject to exemption or deduction for a limited period under the

provisions of encouragement of investment laws of either Contracting State, the tax on that

income shall be deemed to have been settled and shall be deducted in the other

Contracting State from the taxes payable on such incomes. The provisions of this Article

shall apply for the first 6 years for which this Convention is effective.

CHAPTER V

SPECIAL PROVISIONS

Article 25

MUTUAL AGREEMENT PROCEDURE

1. Where a person considers that the actions of one or both of the States result or will

result for him in taxation not in accordance with the provisions of this Convention, he

may, irrespective of the remedies provided by the domestic law of those States,

present his case to the competent authority of the State of which he is a resident. The

case must be presented within three years from the first notification of the action

resulting in taxation not in accordance with the previsions of this Convention.

2. The competent authority shall endeavour, if the objection appears to it to be justified

and if it is not itself able to arrive at a satisfactory solution, to resolve the case by

mutual agreement with the competent authority of the other Contracting State, with

a view to the avoidance of taxation which is not in accordance with this Convention.

Any agreement reached shall be implemented notwithstanding any time limits in the

domestic law of the Contracting States.

3. The competent authorities of both Contracting States shall endeavour to resolve by

mutual agreement any difficulties or doubts arising as to the interpretation or

application of this Convention. They may also consult together for the elimination of

double taxation in cases not provided for in this Convention.

4. The competent authorities of the Contracting States may communicate with each

other directly for the purpose of reaching an agreement in the sense of the preceding

paragraphs.

5. The competent authorities of the Contracting States may by mutual agreement settle

the appropriate mode of application of this Convention and, especially, the

requirements to which the residents of a Contracting State shall be subjected in order

to obtain, in the other State, the tax reliefs or exemptions provided for by this

Convention.

Article 26

EXCHANGE OF INFORMATION

1. The competent authorities of the Contracting States shall exchange such information

as is necessary for carrying out the provisions of this Convention or of the domestic

laws of the Contracting States concerning taxes covered by this Convention, in so far

as the taxation thereunder is not contrary to this Convention. The exchange of

information is not restricted by Article 1. Any information received by a Contracting

State shall be treated as secret in the same manner as information obtained under

the domestic laws of that State and shall be disclosed only to persons or authorities

(including courts and administrative bodies) concerned with the assessment or

collection of, the enforcement or prosecution in respect of, or the determination of

appeals in relation to, the taxes covered by this Convention. Such persons or

authorities shall use the information only for such purposes. They may disclose the

information in public court proceedings or in judicial decisions.

2. In no case shall the provisions of paragraph 1 be construed so as to impose on a

Contracting State the obligation:

a. To carry out administrative measures at variance with the laws and

administrative practice of that or of the other Contracting State;

b. To supply information which is not obtainable under the laws or in the normal

course of the administration of that or of the other Contracting State;

c. To supply information which would disclose any trade, business, industrial,

commercial or professional secret or trade process, or information, the

disclosure of which would be contrary to public policy.

Article 27

MEMBERS OF DIPLOMATIC MISSIONS AND CONSULAR POSTS

Nothing in this Convention shall affect the fiscal privileges of members of diplomatic

missions or consular posts under the general rules of international law or under the

provisions of special agreements.

CHAPTER VI

FINAL PROVISIONS

Article 28

ENTRY INTO FORCE

1. Each Contracting State shall notify the other Contracting State through diplomatic

channels of the completion of statutory procedures required to make this Convention

effective. The Convention shall enter into force from the first day of the second

month following the month of the notification.

2. The provisions of this Convention shall have effect:

a. in case of Saudi Arabia:

i. with regard to taxes withheld at source, in respect of amounts paid or

credited on or after the first day of January next following the date

upon which the Convention enters into force; and

ii. with regard to other taxes, in respect of taxable years beginning on or

after the first day of January next following the date upon which the

Convention enters into force;

b. in case of Pakistan:

i. with regard to taxes withheld at source, in respect of amounts paid or

credited on or after the first day of July next following the date upon

which the Convention enters into force; and

ii. with regard to other taxes, in respect of taxable years beginning on or

after the first day of July next following the date upon which the

Convention enters into force.

Article 29

TERMINATION

This Convention shall remain in force for five years, after that it shall remain in force

indefinitely unless either Contracting State terminates it through diplomatic channels by

giving a written notice six months before the end of the calendar year. In such event, the

Convention shall cease to have effect:

a. in case of Saudi Arabia:

i. with regard to taxes withheld at source, in respect of amounts paid or credited

on or after the first day of January next following the calendar year in which

the written notice of termination is given; and

ii. with regard to other taxes, in respect of taxable years beginning on or after

the first day of January next following the calendar year in which the written

notice of termination is given;

b. in case of Pakistan:

i. with regard to taxes withheld at source, in respect of amounts paid or credited

on or after the first day of July next following the calendar year in which the

written notice of termination is given;

ii. with regard to other taxes, in respect of taxable years beginning on or after

the first day of July next following the calendar year in which written notice of

termination is given;

IN WITNESS WHEREOF the undersigned, being duly authorized thereto, have signed this

Convention.

Done in duplicate at Islamabad this 2nd day of February, 2006 corresponding

to 3rd Muharram, 1427[H] in the Arabic & English languages both the texts being equally

authentic.